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  • MARTIN ENG VS. JP MORGAN CHASE BANK, N.A. ET AL (Pltf 170.6 Challenge Judge Quidachay) RICO document preview
  • MARTIN ENG VS. JP MORGAN CHASE BANK, N.A. ET AL (Pltf 170.6 Challenge Judge Quidachay) RICO document preview
  • MARTIN ENG VS. JP MORGAN CHASE BANK, N.A. ET AL (Pltf 170.6 Challenge Judge Quidachay) RICO document preview
  • MARTIN ENG VS. JP MORGAN CHASE BANK, N.A. ET AL (Pltf 170.6 Challenge Judge Quidachay) RICO document preview
  • MARTIN ENG VS. JP MORGAN CHASE BANK, N.A. ET AL (Pltf 170.6 Challenge Judge Quidachay) RICO document preview
  • MARTIN ENG VS. JP MORGAN CHASE BANK, N.A. ET AL (Pltf 170.6 Challenge Judge Quidachay) RICO document preview
  • MARTIN ENG VS. JP MORGAN CHASE BANK, N.A. ET AL (Pltf 170.6 Challenge Judge Quidachay) RICO document preview
  • MARTIN ENG VS. JP MORGAN CHASE BANK, N.A. ET AL (Pltf 170.6 Challenge Judge Quidachay) RICO document preview
						
                                

Preview

CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (WVame, State Bar number, and address): FOR COURT USE ONLY STANLEY W. SMITH/SBN 72728 LEO M. LaROCCA/SBN 115014 NIVEN & SMITH 555 Montgomery Street, Suite 1750, San Francisco, CA 94111-2517 TELEPHONE NO. 415-981-5451 FAX NO. (Optional): 445-433-5439 ELECTRONICALLY EMAIL ADDRESS (Optional Defendants Sotheby's International Realty, FILED ATTORNEY FOR (Name): MaryLou Castellanos Superior Court of California, SUPERIOR GOURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO County of San Francisco stree aopress: 400 McAllister Street 07/06/2016 MAILING ADDRESS: Clerk of the Court BY:ROMY RISK CITY AND zIP CODE: San Francisco, CA 94102 Deputy Clerk BRANCH NAME: PLAINTIFF/PETITIONER: MARTIN ENG DEFENDANT/RESPONDENT: JP MORGAN CHASE BANK, N.A., et al. CASE MANAGEMENT STATEMENT CGC-15-546377 (Check one): ¥ | UNLIMITED CASE LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: July 27, 2016 Time: 10:30 a.m. Dept.: 610 Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): Room: INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. LY] This statement is submitted by party (name): Sotheby's International Realty, MaryLou Castellanos b. This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): b. The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. The following parties named in the complaint or cross-complaint (1) have not been served (specify names and explain why not): It is unknown if all defendants have answered the Complaint. (2) have been served but have not appeared and have not been dismissed (specify names): (3) have had a default entered against them (specify names): c The following additional parties may be added (specify names, nature of involvement in case, and date by which they may be served): 4. Description of case a. Type ofcasein LY complaint cross-complaint (Describe, including causes of action): Alleged wrongful foreclosure. Page 1 of 5 elect Goundif Gaerne CASE MANAGEMENT STATEMENT “pies 9120-8 705 ‘CM-110 (Rev. July 1, 2011] wwrn.courts.ca.govCM-110 PLAINTIFF/PETITIONER: Martin Eng DEFENDANT/RESPONDENT: JP MORGAN CHASE BANK, N.A., et al. ‘CASE NUMBER: CGC-15-546377 4. b. Provide a brief statement of the case, including any damages. (If personal injury damages are sought, specify the injury and damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost earings to date, and estimated future lost eamings. If equitable relief is sought, describe the nature of the relief.) See 4(a) above. 5. Jury or nonjury trial The party or parties request —_[ requesting a jury trial): ajury trial L¥_| anonjury trial. 6. Trial date a The trial has been set for (date): b. not, explain): (If more space is needed, check this box and attach a page designated as Attachment 4b.) (If more than one party, provide the name of each party No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (if c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): 8/20-8/26/16; 9/6-9/9/16; 9/12-9/20/16; 9/26-9/29/16; 10/9-10/15/16; 10/28-11/7/16; 11/15-11/19/16; 12/12-12/19/16; 1/17-1/20/17; 2/6-2/12/17 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. LZ] days (specify number): 5 days b. hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial a. Attorney: b. Firm: c. Address: d, Telephone number: e._ E-mail address: Additional representation is described in Attachment 8. 9. Preference This case is entitled to preference (specify code section): 10. Alternative dispute resolution (ADR) by the attorney or party listed in the caption f. g. Party represented: by the following: Fax number: a. ADR information package. Please note that different ADR processes are available in different courts and communities; read the ADR information package provided by the court under rule 3.221 for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel LY] has in rule 3.221 to the client and reviewed ADR options with the client. (2) For self-represented parties: Party has has not provided the ADR information package identified has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) statutory limit. (2) Civil Procedure section 1141.11. (3) This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Courtor from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 2 of 5CM-110 [_ PLAINTIFF/PETITIONER: Martin Eng EASE ROWGER DEFENDANTIRESPONDENT: JP MORGAN CHASE BANK, N.A,, et al Gee edesty 10. c. Indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to participate in, or have already participated in (check all that apply and provide the specified information): If the party or parties completing this form in the case have agreed to participate in or have already completed an ADR process or processes, indicate the status of the processes (attach a copy of the parties‘ ADR stipulation): The party or parties completing this form are willing to participate in the following ADR processes (check ail that apply): Mediation session not yet scheduled Mediation session scheduled for (date): (1) Mediation Agreed to complete mediation by (date): Mediation completed on (date): Settlement conference not yet scheduled (2) Settlement Settlement conference scheduled for (date): conference Agreed to complete settlement conference by (date): Settlement conference completed on (date): Neutral evaluation not yet scheduled (a) N a oO Neutral evaluation scheduled for (date): leutral evaluation Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): Judicial arbitration not yet scheduled (4) Nonbinding judicial Judicial arbitration scheduled for (date): arbitration Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): Private arbitration not yet scheduled (5) Binding private Private arbitration scheduled for (date): arbitration Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled ADR session scheduled for (date): (6) Other (specify): Agreed to complete ADR session by (date): UOOU;)O000;0000/0000;0000;0008 ADR completed on (date): CM-170 [Rev. July 1, 2011] Page 3 of 5 CASE MANAGEMENT STATEMENTPLAINTIFF/PETITIONER: Martin Eng DEFENDANT/RESPONDENT: JP MORGAN CHASE BANK, N.A., et al. CASE NUMBER: CGC-15-546377 11, Insurance a. Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: Yes No c. Coverage issues will significantly affect resolution of this case (explain): 12. Jurisdiction Indicate any maiters that may affect the court's jurisdiction or processing of this case and describe the status. Bankruptcy Other (specify): Status: 13. Related cases, consolidation, and coordination a. There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: Additional cases are described in Attachment 13a. b. A motion to consolidate coordinate will be filed by (name party): 14. Bifurcation The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of action (specify moving party, type of motion, and reasons): 15. Other motions The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Summary judgment/summary adjudication The party or parties have completed all discovery. The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Defendants Document production September, 2016 Defendants Plaintiff deposition November, 2016 Defendants Third party depositions June, 2017 Defendants Expert discovery April, 2017 16. Discovery a. b. Lv c. The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): M-110[Rev. July 1, en CASE MANAGEMENT STATEMENT Page 4of 6CM-110 PLAINTIFF/PETITIONER: Martin Eng CASE NUMBER: L- ~-15-546377 DEFENDANTIRESPONDENT: JP MORGAN CHASE BANK, N\.A., et al. Peer 17. Economic litigation a. This is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code of Civil Procedure sections 90-98 will apply to this case. b. This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional discovery will be filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial should not apply to this case): 18. Other issues ¥_] The party or parties request that the following additional matters be considered or determined at the case management conference (specify): Determination if action is at-issue. 19. Meet and confer a. The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules of Court (if not, explain): b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (specify): 20. Total number of pages attached (if any): 0 | am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution, as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these issues at the time of the case management conference, including the written authority of the party where required. Date: July 1, 2016 —— LEO M. LaROCCA > (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) Additional signatures are attached. CM Rev sy 4, 2041 CASE MANAGEMENT STATEMENT Page SotNIVEN & SMITH, LLP 985 MONTGOMERY STREET, SUITE 1750 SAN FRANCISCO, CALIFORNIA 9-111 follows: lEng v. JP Morgan Chase Bank, N.A., et al. Case No. CGC-15-546377 PROOF OF SERVICE | am a citizen of the United States and employed in the City and County of San Francisco, State of \California; | am over the age of eighteen years and not a party to the within above-entitled action; my pusiness address is 555 Montgomery Street, Suite 1750, San Francisco, California 94111-2517. On the date below, | served the within CASE MANAGEMENT STATEMENT on the parties in said faction or proceedings by placing a true copy thereof enclosed in a sealed envelope and addressed as Golareh Mahdavi, Esq. Bryan, Cave, LLP Joseph L. DeClue, Esq. De Clue Law Group 2372 SE Bristol Street, 2" Floor 560 Mission Street, Suite 2500 Newport Beach, CA 92660 San Francisco, CA 94105 Tek (949) 596-7145 Tel (415) 675-3400 Fax: (949) 258-5899 Fax: (415) 675-3434 Attorneys for Plaintiff Attorneys for JP Morgan Chase Bank, NA joe@decluelawgroup.com goli.mahdavi@bryancave.com Leticia “Tia” Butler, Esq. McCarthy & Holthus, LLP 1770 4th Ave San Diego, CA 92101 Tel: (619) 685-4800 Fax: (619) 685-4811 Attorneys for Quality Loan Service Corporation Ibutler@mccarthyholthus.com BY ELECTRONIC SERVICE: | caused said document(s) to be e-served by One Legal OnLine Court Services to each email address noted above. BY FIRST CLASS MAIL (CCP §§1013A, et seq.): | personally deposited in the United States mail in a sealed envelope with postage fully prepaid at San Francisco, California, on the date shown below BY HAND DELIVERY/PERSONAL SERVICE (CCP §§1011, et seq.): | caused said document(s) to be personally delivered by a courier. BY TELECOPY/FACSIMILE (CCP §§1012.5, et seq.): | caused said document(s) to be telecopied to each addressee's telecopier ("fax") number. BY EXPRESS MAIL (CCP §§1013(c)(d), et seq.): | caused said document(s) to be deposited with an express service carrier in a sealed envelope designated by the carrier as an express mail envelope, with fees and postage prepaid. BY REGISTERED/CERTIFIED MAIL (CCP §§1020. et seq.): | caused said document(s) to be deposited with the United States mail, postage prepaid, return receipt requested, signed by addressee that said documents were received. | declare under penalty of perjury, pursuant to California Taw, that the foregoing is-true and correct. \ wen WoO! Ll DAA. Executed on July 6, 2016, at San Francisco, California.